PC140707_Item 6F

Planning Commission
Meeting
07-07-14
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Commission Agenda Report
Item
6.F.
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To:
Chair Pierson and Members of the Planning Commission
Prepared by:
Stephanie Havener, Associate Planner~~
Reviewed by:
Jerry Hittleman, Principal P~~nner
Approved by:
Joyce Parl~er=~ozylinski, AiCP, Planning Direct r
Date prepared:
June 26, 2014
Subject:
Conditional Use Permit Amendment No. 14-004 — An application to
amend Conditional Use Permit No. 97-005 for CooQie's, an existing
restaurant, to extend the hours of operation from 10:00. p.m. daily to
11:00 p.m. on Monday, Tuesday and Wednesday, and 1:00 a.m. on
Thursday, Friday and Saturday; to continue the existing sale of beer
and wine, and allow an upgrade to the existing beer and wine license
to include the sale of spirits; and authorize the Planning Director to
Submit a Letter of Convenience or Necessity to the California
Department of Alcoholic Beverage Control for the Use
Meeting date: July 7, 2014
Application Filing Date: April 7, 2014
Tenant:
Coogie's
Applicant:
Gigi Goyette
Owner:
Kroenke Group
Location:
23841 Malibu Road, Unit 14
APN:
4458-019-010
Zoning:
Community Commercial(CC)
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 14-69
(Attachment 1) approving Conditional Use Permit Amendment (CUPA) No. 14-004 to
amend Conditional Use Permit No. 97-005 for Coogie's, an existing restaurant, to extend
the hours of operation from 10:00 p.m. daily to 11:00 p.m. on Monday, Tuesday and
Wednesday, and 1:00 a.rr2. on Thursday, Friday and Saturday; to continue the existing
sale of beer and wine, and allow. an upgrade to the existing beer and wine license to
include the sale of spirits; and authorize the Planning Director to submit a Letter of
Convenience or Necessity to the California Department of Alcoholic Beverage Control
(ABC)for the use.
Page 1 of 5
Agenda Item 6.F.
DISCUSSION: This agenda report provides an overview of the project, summary of the
surrounding land uses, description of the proposed project and a summary of staff's
analysis of the project's consistency with the applicable provisions of the Malibu
Municipal Code (M.M.C.) and the California Environmental Quality Act (CEQA). A
complete project chronology and all required findings to approve the application can be
found in Planning Commission Resolution No. 14-69.
Project Description
The existing commercial shopping center, known as the Malibu Colony Plaza, at the
corner of .Pacific Coast Highway and Webb Way, is located at 23841 Malibu Road. It
was built in 1989, prior to the City's incorporation. Coogie's occupies one of 29 tenant
units at the center.
In 1997, Coogie's sought to expand the existing 4,028 square feet of indoor seating to
include an additional 462 square feet of outdoor seating. At that time, it was determined
that Coogie's was a legal non-conforming use because the Interim Zoning Ordinance
(IZO) required a CUP for all restaurants with on-site seating; however, Coogie's was a
legally established restaurant prior to the 1993 adoption of the IZO. Therefore, Coogie's
submitted a CUP application for the addition of outdoor seating, and it included a request
to allow for the continued use of the existing restaurant, to bring the existing restaurant
into compliance with the IZO. The Planning Commission adopted Resolution No. 97-038
approving Conditional Use Permit No. 97-005 to allow for the continued use of Coogie's,
an existing restaurant, with on-site seating and to allow for the expansion. of an additional
462 square feet of outdoor seating area (Attachment 2). The approved hours of
operation were 7:00 a.m. to 10:00 p.m., daily. Alcohol service was not specifically
captured in the CUP although Coogie's had an active Type 41 (On-Sale Beer and WineEating Place) license from the ABC for the service of beer and wine at the time
(Attachment 3).
An active Type 41 beer and wine license was maintained until January 11, 2008, when
Coogie's replaced it with a Type 47 (On-Sale General Eating Place) ABC license that
allowed for the additional sale of spirits. On July 10, 2007, Coogie's had submitted a
CUP application to the City to upgrade the liquor license to include spirits; however, the
City determined that no CUP was required as the restaurant already had a liquor license.
The application was withdrawn.
In 2010, Bui Sushi, another restaurant in Malibu Colony Plaza, sought to expand their
beer and wine license to include spirits. Bui Sushi and Coogie's were under common
ownership at the time, and the owner sought to expedite the expansion of Bui Sushi's
liquor license to include spirits. So, the permit to sell spirits under Coogie's liquor license
was transferred to Bui Sushi with the ABC. The Planning Commission approved CUP ~~
10-001 for Bui Sushi to allow for a change in liquor license from beer and wine to include
the sale of spirits, as well an expansion of seating. Following the transfer, Coogie's
Page 2 of 5
Agenda Item 6.F.
operated with a beer and wine alcohol license only and the Type 47 license was
cancelled and a new Type 41 license was issued by ABG at Coogie's licensee's request.
Proposed Hours of Operation -The applicant, representing Coogie's, is requesting that
the conditions of approval in CUP No. 97-005 be amended to allow the restaurant's
hours of operation be extended by 1 hour, until 11:00 p.m., on Monday, Tuesday and
Wednesday, and by 3 hours, until 1:00 a.m., on Thursday, Friday and Saturday.
Sunday's hours of operation, from 7:00 a.m. to 10:00 p.m., approved under CUP No. 97005, will remain unchanged.
Proposed ABC License -Pursuant to the CUP amendment, Coogie's is also requesting
to continue the existing sale of beer and wine, and wishes to upgrade their liquor license
to include spirits again. The restaurant owner has recently submitted an application to
the ABC for a Type 47 license (On-Sale General Eating Place) to allow for the service of
beer, wine and spirits for consumption on the premises (Attachment 4). The license
requires that the holder must operate and maintain the licensed premises as a bona fide
eating place, must maintain suitable kitchen facilities, and must make actual and
substantial sales of meals for consumption on the premises. Minors are allowed on the
premises.
is
is
The license will not be issued by the ABC until the City approves the subject conditional
use permit. Since the applicant proposing an upgrade to the existing ABC license to
include spirits, a Letter of Convenience or Necessity may be required by ABC from the
City. If the application approved, Planning Commission Resolution No. 14-69 grants
authority to the Planning Director to submit a letter, if needed.
No other changes or tenant improvements are proposed.
Surrounding Land Uses and Project Setting
The project site is zoned CC. Uses in the immediate area include a combination of open
space, residential, and commercial uses. The project site is bounded on the south by
Malibu Road, on the north by Pacific Coast Highway, on the west by a vacant parcel and
on the east by existing commercial development. The project site- is accessible from
Webb Way, Pacific Coast Highway, and Malibu Road. Single-family residential and
commercial land uses and the Pacific Ocean are located south of the project site.
Existing uses in the Malibu Colony Plaza include the following: banks, general retail,
restaurants, a coffee shop, a post office and personal service establishments. As
determined in a parking analysis completed in 2010 for the Bui Sushi CUP application,
there are a total of 630 parking spaces for the shopping center.
Page 3 of 5
Agenda Item 6.F.
M.M.C. Conditional Use Permit Discussion
Per M.M.C. Section 17.24.030(A), conditionally permitted uses in the CC zone include all
conditionally permitted uses in the Commercial Neighborhood (CN)zone. Subject to the
approval of a CUP, M.M.C. Section 17.22.040(6) for the CN zone allows restaurant use
up to a maximum interior occupancy of 125, as well as a bar use.
Coogie's falls under the use category entitled "restaurants, night clubs, bars and similar
establishments for the sale and consumption of food or beverages on the premises."
CUP No. 97-995 permitted the restaurant use. The hours of operation are delineated in
the conditions of approval of CUP No. 97-005.
The applicant is requesting to amend the existing CUP to include a liquor license for
beer,.wine and spirits and amend Condition of Approval No. 2 which provides for the
hours of operation. No other changes or tenant improvements are proposed, and the
remaining conditions of CUP No. 97-005 will remain unchanged.
The CUPA No. 14-004 can be supported based on the findings contained in Planning
Commission Resolution No. 14-69.
ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in CEQA,
the Planning Department has analyzed the proposal as described above. The Planning
Department has found that this project is listed among the classes of projects that have
been determined to have a less than significant adverse effect on the environment; and
therefore, is exempt from the provisions of CEQA. Accordingly, a CATEGORICAL
EXEMPTION will be prepared pursuant to CEQA Guidelines Section 15301 -Existing
Facilities. The Planning Department has further determined that none of the six
exceptions to the use of a categorical exemption applies to this project (CEQA
Guidelines Section 15300.2).
PUBLIC NOTICE: A Notice of Public Hearing was published on June 12, 2014 in a
newspaper of general circulation within Malibu and was mailed to all property owners
and occupants within a 500-foot radius of the subject property.
CORRESPONDENCE: To date, staff has received no public comments regarding this
application.
SUMMARY: The required CUP findings can be made. Further, the Planning
Department's findings of fact are supported by substantial evidence in the record. Based
on the analysis contained in this report, staff is recommending approval of CUPA No. 14004 subject to the conditions of approval contained in Planning Commission Resolution
No. 14-69. The project has been reviewed and conditionally approved for conformance
with the M.M.C.
Page 4 of 5
Agenda Item 6.F.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
Planning Commission Resolution No. 14-69
Planning Commission Resolution No. 97-038 approving CUP No. 97-005
ABC License Query Summary
ABC License Query Summary and Application for Type 47 ABC License
Department Review Sheets
Public Hearing /Mailing Notice
Page 5 of 5
Agenda Item 6.F.
CITY OF MALIBU PLANNING CONIlVIISSION
RESOLUTION N0.14-69
A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY
OF MALIBU APPROVING CONDITIONAL USE PERMIT
AMENDMENT NO. 14-004 TO AMEND CONDITIONAL USE PERMIT
NO. 97-005 FOR COOGIE'S, AN EXISTING RESTAURANT, TO
EXTEND THE HOURS OF OPERATION FROM 10:00 P.M. DAILY TO
11:00 P.M. ON MONDAY, TUESDAY AND WEDNESDAY, AND 1:00
A.M. ON THURSDAY, FRIDAY AND SATURDAY; TO CONTINUE
THE EXISTING SALE OF BEER AND WINE, AND ALLOW AN
UPGRADE TO THE EXISTING BEER AND WINE LICENSE TO
INCLUDE THE SALE OF SPIRITS; AND AUTHORIZE THE
PLANNING DIRECTOR TO SUBMIT A LETTER OF CONVENIENCE
OR NECESSITY TO THE CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL FOR THE USE LOCATED
WITHIN A COMI~~RCIAL CENTER IN THE COMMUNITY
COMMERCIAL ZO1vING DISTRICT AT 23841 MALIBU ROAD
(KROENKE GROUP)
THE PLANNING COMMISSION OF THE CITY OF MALIBU DOES HEREBY -FIND,
ORDER AND.RESOLVE AS FOLLOWS:
Section 1.
Recitals.
A.
On October 6, 1997, the Planning Commission held a duly noticed public hearing and
approved Conditional Use Permit(CUP)No. 97-005 to allow for the continued use of Coogie's, an
existing restaurant, with on-site seating and to allow for the expansion of an additiona1462 square
feet ofoutdoor seating area.
B.
On April 17, 2014, an application for Conditional Use Permit Amendment(CUPA)No. 14004 was submitted to the Planning Department.
C.
On June 5, 2014,Planning Department staff deemed the application complete.
D.
On June 12, 2014, a Notice of Public Hearing was published in a newspaper of general
circulation within Malibu and was mailed to all property owners and occupants within a 500-foot
radius ofthe subject property.
E.
On July 7, 2014, the Planning Commission held a duly noticed public hearing on the subject
application, reviewed and considered the staff report, reviewed and considered written reports, public
testimony, and other information in the record.
Section 2.
Environmental Review.
Pursuant to the authority and criteria contained in the California Environmental Quality Act(CEQA),
the Planning Commission has analyzed the proposal as described above. The Planning Commission
Planning Commission Resolution No. 14-69
Page 1 of8
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ATTACHN~ENT 1
has found that this project is listed among the classes of projects that have been determined not to
have a significant adverse effect on the environment and, therefore, is exempt from the provisions of
CEQA. Accordingly, a CATEGORICAL EXEMPTION will be prepared and issued pursuant to
CEQA Guidelines Section 15301 —Existing Facilities. The Planning Commission has further
determined that none ofthe six exceptions to the use of a categorical exemption applies to this project
(CEQA Guidelines, Section 15300.2).
Section 3.
Conditional Use Permit Findings.
The applicant is requesting a. CUPA to amend CUP No. 97-005 for Coogie's, an existing restaurant,
to extend the hours of operation from 10:00 p.m. daily to 11:00 p.m. on Monday, Tuesday and
Wednesday, and 1:00 a.m. on Thursday, Friday and Saturday; to continue the existing sale of beer
and wine, and allow an upgrade to the existing beer and wine license to include the sale of spirits.
No other changes or tenant improvements are proposed.
The project has been conditioned to comply with all applicable provisions of the Malibu Municipal
Code(M.M.C). The remaining conditions of approval for CUP No.97-005 will remain unchanged.
Pursuant to M.M.C. Section 17.66.080, the Planning Commission may approve, deny and/or modify
an application for a CUP in wliole or in part, with or without conditions, provided that it makes all of
the following findings offact.
Based on evidence in the record, including all written and oral testimony and .pursuant to M.M.C.
Section 17.66.080, the Planning Commission hereby makes the following findings of fact and
approves CUPA No. 14-004.
Finding 1. The proposed use is one that is conditionally permitted within the subject zone and
complies with the intent ofall ofthe applicable provisions ofTitle 17 ofthe Malibu Municipal Code.
Per M.M.C. Section 17.24.030(A), conditionally permitted uses in the CC zone include all
conditionally permitted uses in the Commercial Neighborhood(CN)zone. Subject to the approval of
a CUP, M.M.C. Section 17.22.040(B) for the CN zone allows restaurant use up to a maximum
interior occupancy of 125, as well as a bar use. Coogie's falls under the use category entitled
"restaurants, night clubs, bars and similar establishments for the sale and consumption of food or
beverages on the premises." CUP No. 97-005 pernutted the restaurant use. The hours of operation
are delineated in the conditions ofapproval for CUP No. 97-005.
all
The applicant is requesting to amend the existing CUP to include a liquor license for beer, wine and
spirits and amend Condition of Approval No. 2 which provides for the hours of operation. No other
changes or tenant improvements are proposed. The project has been conditioned to comply with
applicable provisions of the M.M.C. The remaining conditions of CUP No. 97-005 will remain
unchanged.
Finding 2. The proposed use would not impair the integrity and character ofthe zoning district in
which it is located.
Planning Commission Resolution No. 14-69
Page 2 of8
The Malibu Colony Plaza contains businesses that are neighborhood serving in nature. The
restaurant use is a commercial use on commercially zoned property; and therefore, does not impair
the integrity and character ofthe CC zoning district. The proposed project is for the extension ofthe
hours of operation ofthe existing use and a change in liquor license that will result in distilled alcohol
service being provided in a location that already provides beer and wine sales. Therefore, the
proposed project is not anticipated to result in a substantial change from the existing conditions
within the zone district.
Finding 3. The subject site is physically suitablefor the type ofland use being proposed.
The Malibu Colony Plaza shopping center contains businesses that are neighborhood serving in
nature. The subject tenant space, Unit 14, contains existing commercial development, Coogie's
restaurant. The proposed project will not require interior changes. No changes are proposed to the
site. Therefore, the site is physically suitable for the use being proposed.
Finding 4. The proposed use is compatible with the land uses presently on the subjectproperty and in
the surrounding neighborhood.
As discussed in Finding 2, the site is currently developed with a restaurant, and is located within a
commercial shopping center. The tenant space is oriented towards Pacific Coast Highway away from
residential uses on Malibu Road. The proposed project will not result in an expansion of the
previously approved restaurant use or any other use on the site. Therefore, this proposed use is
compatible with those in the surrounding neighborhood.
Finding S. The proposed use would be compatible with existing and future land uses within the
zoning district and the general area in which the proposed use is to be located.
The proposed use is compatible with existing and future land uses within the zoning district, and the
general area in which the existing tenant space is located, in that the surrounding land uses are
comprised of a wide range of commercial uses including restaurants, retail uses, banks, personal
services and health uses, and a grocery store.
Finding 6. There would be adequate provisionsfor water, sanitation, and public utilities and services
to ensure that the proposed use would not be detrimental to public health and safety and the project
does not affect solar access or adversely impact existing public and private views, as defined by the
staff.
The proposed use will be served by existing utilities. Consequently, the City Environmental Health
Administrator has reviewed the proposal and determined that the existing onsite wastewater treatment
system can accommodate the proposed use. No physical changes are proposed to the structure. The
proposed project will not create any shade or shadow impacts that would impede solar access. The
existing shopping center structures are located at 23841 Malibu Road will not change under this
application, and therefore, will not adversely impact existing public and private views.
Finding 7. There would be adequate provisionsfor public access to serve the subjectproposal.
No changes to the site or circulation plan for the existing shopping center are proposed. The
Planning Commission Resolution No. 14-69
Page 3 of8
restaurant seating and dining areas will be in conformance with the previously issued CUP.
Therefore, it is not expected that the proposed amendment will negatively impact public access or
circulation.
Finding 8. The proposed use is consistent with the goals, objectives, policies, and general land uses
ofthe General Plan.
The use is a conditionally permitted commercial use in the CC zoning district and, as conditioned, is
consistent with goals, objectives and policies ofthe General Plan.
Finding 9.
The proposed project complies with all applicable requirements ofstate and local law.
The proposed project will comply with all applicable requirements of state and local law and is
conditioned to comply with any relevant approvals, permits, and licenses from the City of Malibu and
other related agencies, such as the.California Department of Alcoholic Beverage Control(ABC).
Finding 10. The proposed use would not be detrimental to the public interest, health, safety,
convenience or welfare.
p.m.
The conditional use permit amendment request is to extend hours of operation from 10:00
daily
to 11:00 p.m. on Monday, Tuesday and Wednesday, and 1:00 a.m. on Thursday, Friday and Saturday.
The approved hours of operation were 7:00 a.m. to 10:00 p.m., daily. The hours of operation will be
from 7:00 a.m. to 11:00 p.m. on Monday, Tuesday and Wednesday, 7:00 a.m. to 1:00 a.m. on
Thursday, Friday and Saturday, and 7:00 a.m. to 10:00 p.m. on Sunday. The proposed project also
requests to continue the existing sale of beer and wine, and allow an upgrade to the existing beer and
wine license to include the sale of spirits.
The use is a conditionally permitted commercial use in the CC zoning district and, as conditioned, the
proposed uses will not be detrimental to the public interest, health, safety,.convenience, or welfare.
Finding 11. If the project is located in an area determined by the City to be at risk from earth
movement, flooding or liquefaction, there is clear and compelling evidence that the proposed
development is not at riskfrom these hazards.
The project will not be at risk from earth movement and flood hazards since the application only
involves a change in use on an existing, developed property. The building footprint and envelope
will not change. Therefore, there is no new impact related to earth movement, flooding, or
liquefaction.
Section 4.
Letter ofPublic Convenience or Necessity.
Based on CUP findings in Section 3 of this resolution, the Planning Commission finds that the
proposed use will not be detrimental to the public health, safety, or general welfare and is compatible
with the land uses presently on the subject property and in the surrounding neighborhood. The
Planning Commission hereby authorizes the Planning Director to prepare and submit a Letter of
Public Convenience or Necessity for the proposed use to the California Department of Alcoholic
Beverage Control
Planning Commission Resolution No. 14-69
Page 4 of8
Section 5.
Planning Commission Approval.
Based on the foregoing findings and evidence contained within t ie record, the Planning Commission
hereby approves CUPA No. 14-004, subject to the conditions listed below.
No other changes to the conditions contained in Planning Commission Resolution No. 97-038 are
made by this amendment and all other findings, terms and/or conditions contained in Planning
Commission Resolution No. 97-038 shall remain in full force and effect.
Section 6.
Conditions of Approval.
Standard Conditions
The property owners, and their successors in interest, sha11 indemnify and defend the City of
Malibu and its officers, employees and agents from and against all liability and costs relating
to the City's actions concerning this project, including (without limitation) any award of
litigation expenses in favor of any person or entity who seeks to challenge the validity of any
of the City's actions or decisions in connection with this project. The City shall have the sole
right to choose its counsel and property owners sha11 reimburse the City's expenses incurred
in its defense ofany lawsuit challenging the City's actions concerning this project.
2.
This approval extends the hours of operation from 10:00 p.m. daily to 11:00 p.m. on Monday,
Tuesday and Wednesday, and 1:00 a.m. on Thursday, Friday and Saturday, continues the
existing sale of beer and wine, and allows an upgrade to the existing beer and wine license to
include the sale of spirits in Unit 14 at the Malibu Colony Plaza shopping center for Coogie's,
an existing restaurant.
3.
This permit and rights conferred in this approval shall not be effective until the permitee signs
and returns the Acceptance of Conditions
davit accepting the conditions set forth herein.
The applicant shall file this form with the Planning Department within 10 days of this
decision.
4.
Any questions of intent or interpretation of any.condition of approval will be resolved by the
Planning Director upon written request ofsuch interpretation.
5.
Minor changes to the conditions of approval may be approved by the Planning Director,
provided such changes achieve substantially the same results and the project is still in
compliance with the M.M.C. Changes may require additional fees.
Operations
The approved hours ofoperation shall be as follows:
a. 7:00 a.m. to 11:00 p.m. on Monday, Tuesday and Wednesday,
b. 7:00 a.m. to 1:00 a.m. on Thursday, Friday and Saturday, and
c. 7:00 a.m. to 10:00 p.m. Sunday.
7.
Full food service shall be provided during all hours of operation ofthe establishment.
on
6.
Planning Commission Resolution No. 14-69
Page 5 of8
8.
This CUP permits the sale of beer, wine and spirits with a Type 47 ABC license. The
property owner/tenant shall obtain all necessary approvals from ABC. Once obtained, the
applicant is required to provide the Planning Department a copy ofthe issued ABC license.
9.
A copy of the current ABC license sha11 be kept on the premises of the establishment and be
presented to City staff, including the City's Planning Director and Code Enforcement staff,
law enforcement officers or their duly authorized representatives, upon request.
10.
At all times during the conduct ofthe permitted use, the permittee shall maintain and keep in
effect valid licensing approval from ABC. Should such licensing be denied, expire or lapse at
any time in the future, the approval of alcohol service pursuant to this permit sha11 be null and
void.
11.
Noise emanating from the premises shall not be audible at a distance of five feet of any
residential unit between the hours of 10:00 p.m. and 7:00 a.m., as required by M.M.C. Section
8.24.050(L).
12.
No amplified or live music is permitted without obtaining a temporary use permit from the
City.
13.
No trash, recycling pickup or delivery trucks shall be permitted on site between the hours of
10:00 p.m. and 7:00 a.m. Additionally, bottles and glass containers shall not be emptied into
outdoor trash or recycling bins between the hours of 10:00 p.m. and 7:00 a.m.
14.
No restaurant, food packager, retail food vendor, vendor or nonprofit food provider shall
provide prepared food to its customers in any food packaging that utilizes expanded
polystyrene. "Expanded polystyrene" means and includes blown polystyrene and expanded
and extruded foams (sometimes incorrectly called Styrofoam, a Dow Chemical Company
trademarked form of polystyrene foam insulation) which are thermoplastic petrochemical
materials utilizing a styrene monomer and processed by any number of techniques including,
but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection
molding,foam molding, and extrusion-blow molding (extruded foam polystyrene). Expanded
polystyrene is generally used to make cups, bowls, plates, trays, clamshell containers, meat
trays and egg cartons.
15.
The tenant shall comply with the requirements set forth in M.M.C. Chapter 9.28 (Ban on
Plastic Shopping Bags). No retail establishment, restaurant, vendor or nonprofit vendor shall
provide plastic bags or compostable bags to customers. This requirement applies to plastic or
compostable bags provided at the point of sale for the purpose of carrying away goods.
Signs
16.
No sign shall be illuminated after 11:30 p.m., or close of business, whichever occurs last.
Planning Commission Resolution No. 14-69
Page 6 of8
17.
Window or other signage visible from the public right-of-way that advertises beer or alcohol
shall not be permitted.
Sheriff's Department
18.
The tenant must adhere to all laws related to the sale of alcohol. Violations of such laws will
cause the permit to be null and void pending the outcome of an investigation.
Fixed Conditions
19.
The conditions under which this conditional use permit was approved may be modified by the
City without the consent ofthe property owner,tenant or operator ifthe Planning Commission
fords that the use is creating a nuisance.
20.
A conditional use permit that is valid and in effect, and was granted pursuant to the provisions
of the M.M.C., shall run with the land and continue to be valid upon change of ownership of
the land or lawfully existing structure.
21.
This conditional use permit shall become null and void should the use for which the
conditional use permit was granted cease for six successive calendar months, except in the
case of natural disaster.
22.
If it has cause to believe that grounds for revocation or modification may exist, the Planning
Commission shall hold a public hearing upon the question of modification or revocation of
this conditional use permit pursuant to M.M.C. Section 17.66.100(C). The conditional use
permit may be revoked if the Planning Commission finds that one or more of the following
conditions exists:
a. The conditional use permit was obtained in a fraudulent manner.
b: The use for which the conditional use permit was granted has ceased or was suspended
for at least six successive calendar months.
c. One or more of the conditions found within this resolution have not been substantially
met.
Section 7.
Certification_
The Planning Commission shall certify the adoption ofthis Resolution.
PASSED,APPROVED AND ADOPTED this 7th day of July, 2014.
MIKKE PIERSON,Planning Commission Chair
ATTEST:
PATRICIA SALAZAR,Recording Secretary
Planning Commission Resolution No. 14-69
Page 7 of8
LOCAL APPEAL - A decision of the Planning Commission may be appealed to the City Council by
an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be
filed with the City Clerk within 10 days and sha11 be accompanied by an appeal form and proper
appeal fee. The appellant shall pay fees as specified in the Council adopted fee resolution in effect at.
the time of the appeal. Appeal forms may be found online at www.malibucity.org, in person at City
Hall or by calling(310)456-2489, extension 245.
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 14-69 was passed and adopted by the
Planning Commission ofthe City of Malibu at the regular meeting thereof held on the 7th day of July
2014, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PATRICIA SALAZAR,Recording Secretary
Planning Commission Resolution No. 14-69
Page 8 of8
RESOLUTION NO. 97-03S
A RESOLUTION OF T~ PLANNING COMNIISSION OF TTY
CITY OF MALIBU APPROVING CONDITIONAL USE PERMIT
NO. 97-{?OS TO ALLOW FOR TIC CONTINUED USE OF AN
EXISTIlVG RESTAURANT WITH ON-SITE SEATIlVG AND TO
ALLOW FOR TIC EXPANSION OF AN ADDITIONAL 462
SQUARE FEET OF OUTDOOR SEATING AREA ON
PROPERTY LOCATED AT 23755 MALIBU ROAD (APN: 4458019-006).
_
The Planning Commission ofthe City ofMalibu does hereby Find, Order, and Resolve as follows:
i n1
Anglications: On April 1,.1997, Conditional Use Permit No. 97-005 was
duly filed by the Malibu Bay Company to allow for the continued use of an existing restaurant
with on-site seating and to allow for an addition of 462 square foot of outdoor dining area.
-
S~S2A. Pursuant to the authority and criteria contained in the California
~~tion~
- Environmental Quality Act {CEQA), the Planning Director has determined that this project is
listed among the classes of projects which have been determined to not have a significant impact
on the environment and which shall therefore be exempt from the provisions of CEQA.
Accordingly, a Categorical Exemption, Class 1,Item E, has been issued.
Sec~j~gn 3.
Public Hearing: On October 6, 1997, the Planning Commission held a duly
noticed public hearing regarding the conditional use permit.
e i 4
Conditional Use Pernut: Having heard all oral and written testimony and
considered all relevant evidence and argument,the Planning Commission, in accordance with Section
9447 ofthe Municipal Code,finds as follows:
~~
r;
~J'~
A.
The proposed use is one conditionally pernutted within the subject zone and complies with
the intent ofall applicable provisions ofthe Interim ZExiing Ordinance in that the subject use
is Iocated in a Commercial General(CG} district which conditionally pernuts restaurants with
on-site seating.
B.
The proposed use will not impair the integrity and character oftha zone in which it is to be
located in that the use is an established restaurant that exists in a commercial shopping center,
the Malibu Colony Plaza. The existing use occupies approximately 4,028 square feet of
leased space and the proposed 462 square foot addition of outdoor seating area will be
located within an existing access arcade. Additionally, the subject shopping center has 636
on-site parking spaces available, exceeding the City's minimum parking requirements.
C.
The subject site is physically suitable for the type of land use being proposed in that the
proposed use is located witiun an existing shopping center.
D.
The proposed use is compatible with the land uses, if any, presently on the subject property
and in the surrounding neighborhood in that the subject use is located within an existing
shopping center that has commercial uses serving the general public such as retail clothing
~S_
Attachment 2
PLANNING COMMISSION RESOLUTION NO.97-038
CUP 97-0OS -_
OCTOBER 6,1997
PAGE 2
-
stores, banks, eateries and markets. The subject property is adjacent to other commercially
zoned properties and is across the highway from the City's Civic Center. The only zoning
district that is not commercial is located behind the shopping center along Malibu Road.
These properties are zoned for residential development in aSingle-family Medium (SF-1Vn
district and have limited access to the shopping center off of Malibu Road and a buffer of
mature vegetation blocks the sight ofthe rear ofthe center from these properties.
-
E.
The proposed use will be compatible with e~sting and future land uses within the zone and
the general area in which the proposed use is to be located in that the future land uses in the
CG-zone will consist ofcommercial and office uses that are similar in nature to the proposed
use. Additionally, the properties along Malibu Road that are zoned for residential uses will
not be impacted by the proposed use because the properties are developed with residential
structures that will not impact any future land uses.
F.
There will be adequate provisions for water, sanitation and public utilities and services to
ensure that the proposed _use will not be defimentai to public health and safety and the project
does not affect solar access or adversely impact existing public and private views, as defined
by staff, in that no new construction is being proposed to the existing building other than
minor interior tenant improvements and window and door replacements. Additionally, City
Environmental Health Specialist has reviewed the existing septic system and has conditionally.
approved the proposed outdoor seating area. Since the proposed use is located within an
existing shopping center, all public utilities and services are established requiring no further
improvements.
G.
There will be adequate provisions for public access to serve the subject proposal in that the
subject site has egress and ingress of~'ofPacific Coast Highway, Webb Way and Malibu Road
which will adequately serve the proposed use.
H.
The proposed use is consistent with the goals, objectives, policies and general land uses of
the Malibu General Plan in that restaurants are identified by the General Plan as types of uses
intended for the General Commercial land use district.
The proposed project complies with all applicable requirements ofstate. and local law in that
prior to the issuance of a building permit the project will require approvals from the
Department ofBuiIding and Safety and the California Coastal Commission.
J.
The proposed use will not be detrimental to the public interest, health, safety, convenience
or welfare in that the proposed use will be located within an existing shopping center that has
adequate on-site parking. Additionally, the tenant improvements for the proposed outdoor
seating area will require permits from the Department of Building and Safety prior to
occupancy.
K.
The project is not located in an area determined by the City to be at. risk from earth
movement,flooding, or liquefaction and that the improvements to the proposed use will not
require new construction.
'
PLANNIlYG CONIlVIISSION RESOLUTION NO.97-038
CUP 97-005 OCTOBER 6,1997
PAGE 3
_:.::;-_:: --:::-::.:...:.......
__.,;.:`=_:
motion 5•
A royal: Based on the foregoing findings, the Planning Commission
hereby approves Conditional Use Permit No. 97-005 to allow for the continued use of an existing
restaurant and to allow for an addition of 462 square feet of outdoor dining area subject to the
conditions listed in Section 6.
cti n 6.
Conditions of Approval
The project shall be developed and maintained in substantial conformance with the plans
attached hereto as Exhibit B. The outdoor duung area shall not, at any time, exceed 462
square feet.
2.
The hours of operation shall be limited to the hours of7:00 a.m. and 10:00 p.m., daily.
3.
All new signs shall comply with the provisions ofthe Malibu Municipal Code Section 9350.
- 4.
The applicant shall provide eight-24" planted terra cotta pots, bolted to the ground, providing
a separation between the outdoor patio area. and the access arcade. In addition to the pots,
the space between each pot shall be separated from the access arcade with an architectural
divider compatible with the decor ofthe building.
t~...:
~;
~-
5:
The applicant shall maintain a minimum walkway width of4'-6" for access.
6.
Low Intensity outdoor lighting that does not adversely affect adjacent properties and uses
shall be pern~itted within the outdoor dining area with the approval ofthe Planning Director.
7.
IVo live entertainment and/or amplified sound sha11 be permitted in the outdoor patio dining
area. Anew request .for a modified or new conditional use permit is required for the
establishment ofsuch uses.
8.
~ No more than eight patio tables serving two persons shall be pernutted within the outdoor
dining area,. for a total occupancy of I6 seats.
9.
Pursuant to the Environmental Health Approval, the maximum number of out door and
indoor seating shall not exceed 110 seats.
10.
The conditional use pemut will expire if the use is not established within one year ofthe
effective date ofthis approval.
11.
The permits and rights conferred in this approval shall not be effective until after the applicant
files with the City Clerk an executed affidavit accepting the conditions set forth. The
applicant shall file such an affidavit within 30 days ofthe adoption ofthis resolution.
PLANNING COMMISSION RESOLUTION NO.97-~38
CUP 97-045 OCTOBER 6,1997
PAGE 4
ion 7.
The Recording Secretary shall certify the adoption ofthis Resolution.
.PASSED, APPROVED AND ADOPTED this 6th day of October, 1997
~o
JO RUGGLES, C
ATTEST:
SHELLEY PETREL ,Recording Secretary
I CERTIFY T~-IAT 1~E FOREGOING RESOLUTION NO.97-038 was passed and adopted by the
Planning Comrrussion ofthe City of Malibu at the regular meeting thereof held on the 6th day of
October 1997, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Barovsky, Hasse, Kabrin, Ruggles
None
None
Cameron
ATTEST:
==zSHELLEY PE
LI, Recording Secretary
Any person aggrieved by this decision or by any portion of this decision may appeal to the City
Council..Pursuant to Section 9576 {B)ofthe Malibu Municipal Code, any such appeal must be filed
with the City Clerk no later than 10 days following October 6, 1997, the date offinal action.
NOTICE TO PERNIITTEE: PURSUANT TO TTY MALIBU MUNICIPAL CODE SECTION
9449(C), FAILURE TO COMPLY WITH ANY OF 'I`I~ CONDITIONS IlVIPOSED ON THIS
APPROVAL CAN RESULT IN TIC REVOCATION OF TF~ CONDITIONAL USE PERMIT.
3-
California Department of Alcoholic
Beverage Control
License Query System Summary
as of6/17/2014
,> ,._
'. ~~`~
~- `~ '`~
icense Number: 314569
Primary Owner: AMINIAN,STEVE
C Office of Application: Ol - INGLEWOOD
~~ar~~~
oing Business As: COOGIES BEACH CAFE
ddress: 23755 MALIBU RD STE 100
City: MALIBU
State: CA
Census Tract: 8005.04.
County: LOS ANGELES
lip Code: 90265.
icensee: AMINIAN,STEVE
icensee: FROST, GERALD
1)License Type: 41 - ON-SALE BEER AND WINE -EATING PLACE
License. Type Status: CANCELED
Status Date: 02-MAR-1998
Original Issue Date: 28-DEC-1995
Master: Y
Duplicate: 0
Term: 12 Months)
Expiration Date: 30-NOV-1998.
Fee Code: PO
Condition: OPERATING RESTRICTIONS
License Type was Transferred On: 28-DEC-1995
License Type was Transferred On:
FROM:41-259611
TO:41-337398
.. No Active Disciplinary Actionfound .. .
.. No Disciplinary Historyfound .. .
.. No Active Holds.found...
~~~ ~~~~.. No Escrowfound .. .
- - - F,nd of Rennrt - - -
~ Attachment 3
'
California Department of Alcoholic
Beverage Control
License Query System Summary
as of6/17/2014
~~.
,~;~
4
'.~~°~ '-~~~.
~==,
-- r
:a~:€~r~~e~ ~~f~~~rr~~9c~r
icense Number: 337398
Primary Owner: AMFRO 1NC
C Office of Application: 04 - LA/METRO
~~~~~~
~
oing Business As: COOGIES BEACH CAFE
Address: 23755 MALIBU RD STE 100
City: MALIBU
State: CA
Census Tract: 8005.04
County: LOS ANGELES
lip Code: 90265
icensee: AMFRO INC
Company Information
Officer: AMINIAN,STEVE(PRESIDENT
Officer: GOWHARI,RAY(SECRETARY TREASURER)
Officer:FROST, GERALD(VICE PRESIDENI~
Stock Holder: AMINIAN,STEVE
Stock Holder:FROST,GERALD
Stock Holder:FROST,GERALD
1)License Type: 41 - ON-SALE BEER AND WINE -EATING PLACE
License Type Status: NON-RENEWED
Status Date: 19-DEC-2008
Term: 12 Months)
Original Issue Date: 02-MAR-1998
Master: Y
Duplicate: 0
Expiration Date: 30-NOV-2008
Fee Code: PO
Condition: CODE 8 -SELF-INCORPORATION -HISTORICAL VALUE
Condition: OPERATING RESTRICTIONS
License Type was Transferred On:02-MAR-1998
.. No Active Disciplinary Actionfound .. .
x
~
g
.. No Disciplinary Historyfound...
FROM:41-314569
~=
California Department of Alcoholic
Beverage Control
License Query System Summary
as of6/17/2014
__
~` x ~_
'.~~ s}'~`~~".
~, ,
icense Number: 459099
Primary Owner: COOGIES INC
C Office of Application: 04 - LA/METRO
oing Business As: COOGIES INC
ddress: 23755 MALIBU RD STE 100
City: MALIBU
State: CA
Census Tract: 8005.04
County: LOS ANGELES
lip Code: 90265
icensee: COOGIES INC
Company Information
Officer: HEYDARI,NADER(PRESIDENT/SECRETARI~
Stock Holder: HEYDARI,NADER
1)License Type: 41 - ON-SALE BEER AND WINE -EATING PLACE
License Type Status: ACTIVE
Status Date: 21-JiIL-2010
Term: 12 Months)
Original Issue Date: 20-JUIr2010
Master: Y
Expiration Date: 30-JLJN-2014
Duplicate: 0
Fee Code: PO
Condition: OPERATING RESTRICTIONS
2)License Type: 47 - ON-SALE GENERAL EATING PLACE
License Type Status: CANCELED
Status Date: 11-JAN-2008
Term: 12 Months)
Original Issue Date: 11-JAN-2008
Master: Y
Duplicate: 0
Expiration Date: 31-DEC-2010
Fee Code: PO
Condition: OPERATING RESTRICTIONS
.. No Active Disciplinary Actionfound .:.
.. No Disciplinary Historyfound.. .
~`,_ -~~
California Department of Alcoholic
Beverage Control
License Query System Summary
as of6/17/2014
~~: ', ~f ~ ~ ~~"=~.
~In
icense Number: 541842
Primary Owner: COOGIES INC
C Office of Application: 04 - LA/METRO
~~
oing Business As: COOGIE'S BEACH CAFE
ddress: 23755 MALIBU RD STE 100
City: MALIBU
State: CA
Census Tract: 8005.04
County: LOS ANGELES
lip Code: 90265
icensee: COOLIES INC
Company Information
Officer: HEYDARI,NADER(PRESIDENT/SECRETARI~
Stock Holder:HEYDARI, NADER
1)License Type: 47 - ON-SALE GENERAL EATING PLACE
License Type Status: PENDING
Status Date: 10-FEB-2014
Original Issue Date:
Master: Y
Term: 12 Months)
Expiration D ate
Duplicate: 0
License Type was Transferred On:
.° ° ~~= ~a :~ ~~ ~ ~~~~° ~~~~ Vic.:
Fee Code: PO
FROM:47-472204
.. No Active Disciplinary Actionfound ...
.. No Disciplinary Historyfound .. .
old Date: 13-APR-2012
Type: BOARD OF EQUALIZATION HOLD
old Date: 14-JAN-2014
Type: FRANCHISE TAX HOLD
Hold Date: 10-FEB-2014
~:~~~~~-
Type: FORM 220
_--
Escrow: ABC ESCROW, 12304 SANTA MONICA BLVD STE 100 LOS
', Attachment 4
n ~.Tr_~T ~c (` A T TL'llDl~TT n ~nn~ c
I
State o~ California
Department ofAlcoholic Beverage Control
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSES)
ABC 211 (6/99)
File Number: 541842.
Receipt Number: 2214581
Geographical Code: 1988
Copies Mailed Date: February 10,2014
Issued Date:
TO:Department ofAlcoholic Beverage Control
888 S. FIGLTEROA ST.
STE 320
LOS ANGELES,CA 90017
(213)833-6043
DISTRICT SERVING LOCATION: LA/METRO
First Owner:
Name of Business:
COOGIES INC
COOGIE'S BEACH CAFE
Location of Business:
23755 MALIBU RD
STE 100
MALIBU,CA 90265-4650
County:
Is Premise inside city limits?
Mailing Address:
(If different from
premises address)
LOS ANGELES
Yes
1880 CENTURY PARK EAST
STE 1600
LOS ANGELES,CA 90067-1661
Type of license(s):
47
Dropping Partner: Yes
Transferor's license/name: 472204 /STAR INVESTMENT
AMERICA INC
License Tvne
Census Tract 8005.04
Transaction Tvne
Fee Tvne
47 - On-Sale General Eating ANNUAL FEE
PO
47 - On-Sale General Eatin@ PREMISE TO PREMISE 1RANSFER PO
47 - On-Sale General Eating PERSON-TO-PERSON TRANSFER PO
Master Dup
Y
Y
Y
0
0
0
No V
Date
Fee
02/10/14
02/10/14
$572.00
02/10/14
$100.00
$1,250.00
Total
$1,922.00
Have you ever been convicted of a felony? No
Have you ever violated any provisions ofthe Alcoholic Beverage Control Act, or regulations of the
Department pertaining to the Act? No
Explain any "Yes" answer to the above questions on an attachment which shall be deemed part ofthis application.
Applicant agrees(a)that any manager employed in an on-sale licensed premises will have all the qualifications
of a licensee, and(b)that he will not violate or cause or permit to be violated any ofthe provisions ofthe
Alcoholic Beverage Control Act.
STATE OF CALIFORNIA
County of LOS ANGELES
Date: February 10, 2014
Under penalty of perjury, each person whose signature appears below, ceRifies and says:(1) He is an applicant, or one ofthe applicants, or an executive
officer ofthe applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf;(2) that he has read the
foregoing and Imows the contenu thereof and that each ofthe above statements therein made are true;(3) that no person other than the applicant or
applicants has any direct or indirect interest in the applicant or applicants business to be conducted under the licenses)for which this application is made;
(4) that the transfer application or proposed transfer is not made to satisfy the payment ofa loan or to fulfill an agreement entered into more than ninety
(90)days preceding the day on which the transfer application is filed with the Department or td gain or establish a preference to or for any creditor or
transferor or to defraud or injure any creditor oftransferor;(5) that the transfer application may be withdrawn by either the applicant or the licensee with
no resulting liability to the Department.
Effective July 1,2012,Revenue and Taxation Code Section 7057, aat6orizes the State Board of Equalization and the Franchise Tax Board to
share taxpayer information with Department of Alcoholic Beverage Control. The Department may suspend, revoke, and refuse to issue a license
if the licensee's name appears in the SOO largest tax delinquencies list.(Business and Professions Code Section 494.5.)
Applicant Names)
Applicant Signatures)
See 211 Signature Page
COOGIES INC
Department of Alcoholic Beverage Control
State of CaliFomia
Edmund G. Brown Jr., Governor
APPLICATION QUESTIONNAIRE
Please read instructions, which includes Privacy Notice, before completingform
1. APPLICANT'S NAMES)Qf an individual, first name, middle name, last name.
Name of entry if corporetion, limned partnership or limited liability company.)
COOLIES, tNG.
P-12 LICBJSEE
Yes
~No
in,.e~ .,~...~.de~ r... eora~n
2. LICBJSE TYPE
Check a
ro riate hems
3. TRANSACTION TYPE Chack ap ro 'ate item)
20 Off-Sale Beer &Wine
21 Off-Sale General
40 On-Sale Beer
41 On-Sale Beer &Wine Eating Place
42 On-Sale Beer &Wine Public Premises
X 47 On-Sale General Eating Place
48 On-Sale General Public Premises
Other
Original(New)
Person-to-person Transfer(check a propriate section
Section 24471 (Surv'roing spouse, corporations, fiduciaries, etc.)
Section 24071.1 (Corporate Stock/Limited Partnership)
Section 24071.2(Limited Liability Company)
Premises-to-Premises Transfer
Exchange
Other
X
4. TEMPORARY p~MIT RE(aUESTED (Person-to-Person transfers only
8S
X
0
EMISES A
(Where license to be issued(Sreet number and name, city, zip code)
County
23755 MALIBU COLONY ROAD,SUITE 100, MALIBU, CA 90265
6. PREMISES TELEPHONE NUMBER
310
7. PREMISES ARE IN
317-1444
IN LIMITS
No
X eS
LOS ANGELES
8. BUSINESS NAME(DBA)YOU WILL USE
COOC~IE'SBEACH CAFE
9. BUSINESS MAILING ADDRESS(Street number and name,city, state,zip code)
10. MAILING ADDRESS
1880 CENTURY PARK EAST, STE 1600, LOS ANGELES, CA 90067PermanentTemporary
11. ABC LICENSE COST(Item i133a on reverse)
12 SUBTOTAL (Item ~33f on reverse)
$50,000
$58,000
13. HAS THE APPLICANTS)EVER BEEt7JJ
CONVICTED OF A FELONY?
74. HAS THE APPLICANT(Sy EVER VIOLATED ANY OF THE PROVISIONS OF THE ALCOHOLIC BEVERAGE CONTROL
ACT OR REGULATIONS
OF THE DEPARTM
ERTAINING TO THE ACT?
❑Yes
X No
70. IY TC.S I V I I GVI 7S UK l9, YLtASt tWLAIIV
N/A
16. TRAN~EROR'S NAME(If an individual, last, first, middle. Name of entity If corporation,
limited partnership or limited liabilityoompany.)
17. ABC LICENSE NUMBER
STAR INVESTMENTAMERICA,INC.
472204
7B. TRANSFEROR'S PREMISES ADDRESS(iMiere license is now issued (Street number and name, aty,
zip code)
2735 W TEMPLE STREET. LOS ANGELES. CA 90026
1
PREMISES UNDER CANSTRUCTION
Yes
IF YES, LIST ESTIMATED COMPLETION DATE
20. FRANCHISE
X No
CHRISTINA WEST
X Yes
22. TITLE OF CONTACT PERSON
CONSULTANT
23. CONTACT T0.EPHONE NUMBER
25. PREMISES IS CURRBJTLY LICENSED
❑X No
Yes
21. NRME OF PERSON WE MAY CONTACT(For the applicant)
24. CONTACT E-MAIL ADDRESS
iF YES,TYPE OF LICENSE
41
26. CURRENT LICENSE IS OPERATING
Yes
IF NO, DATE CLOSED
No
FINANCIAL INFORMATION
ABC ESCROW
112304 SANTA MONICA BLVD,STE 100, LOS ANGELES, CA 90025
28. BOOKKEEPBLACCOUNTANTS NAME BOOKKEEVER/ACCOUNTANTS ADDRESS
WILLIAM HARPER
29. U4NDLORD'S NAME
KW MALIBU COLONY PLAZA
30. AAOMWLY RENT
~
ABG217(rev. 11/11)
TELEPHONE NUMBER
1880 CENTURY PARK EAST, STE 1600, LOS ANGELES, CA 90067
LANDLORD'S ADDRESS
TELEPHONE NUMBER
211 N STADIUM BLVD,STE 207,COLUMBIA, MO 65203
31. IFASE DCPIRATION DATE
(~ )
(
)
32. INDICATE WHETHER LEASE OR RENTAL AGREEMBVT INCLUDES FURNITURE OR FlXfURES
I IAII
I ISome
I I None
33. INVESTMENT INFORMATION
~~
a. ABC License
g 50,000
b. Fum~~ae/Foctures
$
c. Inverrtory
$ 8,000
d. GoodwilUnon-compete
covenant
e. l easehold and/or Improvements
$
f. SUBTOTAL(Usually should equalfhe recorded notice)
$ 58,000
g. Fees for other licenses, permits, and deposits(approximate). Include Federal, State,
County or City license fees or permits; lease and utility deposiEs
$
h. Working capital(approbmate)
g O
i. Really or interest therein
$ (~
j. TOTAL INVESTMENT(Rams tthrough ~ (will equal fatal of amounts lister in item
S 58,000
34. Source of Funds for Total Investtnerrt(item #33j)- identify amount(s);types)and explain sources)andlorterms of Repayment
Amount
$1.OD0
$15,0
510,000
$58,000
Tye
Gilt
PromissoryNofe
toart
CAf~ITAL
Source andlor Terms of Repayment
John Doe, BroEher
to seller, payable ~ S1,OOD;oermor~th fnr 15 months
firm ABC Banl~ 85% ever5yrss monthlypayment = S2,052
EX18TtNG BUSINESS
~.
35. LtST ALL BANK ACCOUNTS FOR THIS BUSINESS OPERATION
BANK NAME
BANK ADDRESS
b.
AOCOUNT NUMBER
N ROXBURY DR,BE1/ERLY HMS,CA 90210
8.
~
c. NAMES OF ALL PER90NS AUTHORIZm TO SIGN ON
I~mdersta~i dratfalsification oftl~ ivfo~mation on this foffi may constitute g~ronndsfor denial or revocation oft.~e license(s).
For a period of90 daysfrom this date, Uwe hereUy prize the Departurevt of Alcoholic Beveloge Co~rol,or any ofits officers,
to e~ram;ne and secure copies offinancial records consisting ofsignature cards, checking a~d.savings accounts, notes and loan
docame~s, depo'
withdia
records, and escrow docume~s of my/ourfinancial institutions)or any finar~ial records
established in
'on
's business. This suthouzafion to e~*n~*~ records at any financial institution may be revoked.at any
time. 1/we
nize
of Alcol~lic Beverage Control, or any ofits officers, to examine.and secare copies of any
business re
or
t~ eshab'
.connecfion~wifh this business including,but notlimited to thou on file with my/our
bookk
e
all ofthe ab
awl.declare under penalty ofperjury that each and -every stateme~ is true and corc~ct.
G. ~Lt~ ~71~i ~~r~~
a-rrEsr ~nec Emgoye~
»..:
ABC-217(rev. 41H 1)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CflIIL CODE § 1188
State of California
County of ~5
On ~`"'~."'t ~
before me,
Date
Flere Insert Name and Title of Ute Officer
personally appeared ~~~~- ~~(~tLvl~Names)of Signers)
who proved to me on the basis of satis#actory
evidence to be the persons) whose names) is/are
subscribed to the within instrument and acknowledged
to me that he/shelthey executed the same in
his/her/their authorized capacity(ies), and That by
his/her/their signatures) on the instrument the
person(s), or the entity upon behalf of which the
persons) acted, executed the instrument.
certify under PENALTY O~ PERJURY under the
laws of the Sta#e of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seal Above
~
~~'~
}ignature of otary Pubflc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reatfachment of this farm to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signers)Other SThan Named Above: _
Capacity(ies) Claimed by Signers)
Signer's Name:
O Corporate Officer — Title(s):
U tndividual
D Par4ier — D Limited ❑General Top of thumb here
D Attorney in Fact
D Trustee
O Guardian or Conservator
❑ Other:
Signer's Name:
D Corporate Officer — Title(s):
O Individual
❑ Partner — D Limited O General
O Attorney in Fact
D Trustee
❑ Guardian or Conservator
O Other:
Signer Is Representing:
Signer Is Representing:
Pa 2At0 National Notary Assoclatfon • NadonelNotary.org • 1-80D-US NOTARY (1.80D-876-882n
Top of thumb here
Item #5907
Department of Alcoholic Beverage Corrirol
stage orca~i~omia
Edmund G.Brown.k.,~~~„o~
SUPPLEMENTAL DIAGRAM
Instructions to Applicant:
Draw a sketch ofthe area on which the licensed premises is or will be located Show adjacent structures and nearest cross
streets. Ift~Tzis is an eventfor a daily license, catering authorization or miscellaneous use, show the area where sales and
consumption ofalcoholic beverages wild occur. Post a copy ofthis diagram with Daily License, Catering Authorization or
EventAutl~orization where the event is held Sales and consumption ofalcoholic beverages must be confined to the area
designated in_ the diagram and supervised to prevent violations ofthe Alcoholic Beverage Control Act.
1. APPLICANT NAME (Last,first, middle)
2 UCBJSE TYPE
COOLIES,INC.
47
3. PREMISES ADDRESS (Stroat number arni name,dty.z~ code)
23755 MALIBU COLONY ROAD,SUITE 100, MALIBU, CA 90265
DIAGRAM
4. NEAREST CROSS STREET
MALIBU ROAD
............. .
'sue=
. g°3tLo-f-:3
.....
-
I have re~~ abov~ i
i
APPLICANT G
R
CERTIFIED CARRECT
(fEV. 07-71)
..
:g?tea>s3.:i p:X~x[c
is $CB - 24,:'•.~C~
actions an~I declare under penalty ofperjury that the above diagram is true and correct.
DATFsaNFo
State of Caitfomla
Department of Alcoholic Beverage Control
LICENSED PREMISES DIAGRAM (RETAIL)
fi~
COOLIES,INC.
u. rrccmww nwrcta~
~aveocnumoer arw name, crty,z~pcwe)
23755 MALIBU COLONY ROAD,SUITE 10D, MALIBU, CA 90265
47
4. NEAREST GROSS JI KttI
MALIBU ROAD
The diagram below is a true and correct description of the entrances, exits, interior walls and exterior
boundaries ofthe premises to be licensed,including dimensions and identification ofeach room (i.e., "storeroom';
"o ce" etc. .
~DIAGRAM
.........................:.....................~.......,-...
K
• ~ e above-described boundaries,entzances and planned operation as indicated on the
It is here
reverse i ,wi no e char
without first notifying and securing prior written approval ofthe Department of
AIcoh i ev rag Control. I d lase under penalty of perjury that the foregoing is true and correct.
°Department of Alcoholic Beverage Control
PLA~IVNED OPERATION(RETAIL)
SECTION 1 -FOR ALL RETAIL APPLICANTS
1. APPLICANT NAMEl31
~ i ~rcnicc rvo~ici
COOLIES, iNC.
I 47
Ao~HEss (5lrset nwn6er antl name,cltY. bP~)
I4. NEAREST CROSS STF~EET
23755 MALIBU COLONY ROAD,SUITE 100, MALlBU, CA 90265
+
MALIBU ROAD
o. i r rc ur nu~~rvta'~ turoose one mat Lest descnDes the planned operatlon)
QFuli Service Restaurant
QCafeterialFfofbrauCocktail Lounge
~Defi or Specialty Restaurant
❑Comedy CtubNightCiubVeteransClub
~Cafe/Coffee Shop
~Srew Pub
Bed & 8reakfast
~Tavem
QPrivate Club
~
~Fratemal Club
❑TheaterWineTasting Room
SupermarketMembership Store
Liquor Store
~Seroice StationSwap Meei/Flea Market
~Departmerrt StoreConvenience MarketDrive-in Dairy
Variety/Drug Store
Gift Shop/Florist
Convenience Market w/Gasoline
Other -describe:
6. PATRON CAPACITY
7. SURROUNDINQ AREA
B. PREMISES 13 IACATED IN
CommercialRural
/~~
X Residential
~~ree Standing Building
~IndustriafShopping Center(Name):
Other
9. FOOD SERVICE
~10 Units or LessMore than 10 Units
-
10. PARKING LOT?
NoneMinima!QFuU Meals
Yes
14. MEALTYPE
~No
11. PATIOI
Yes
12. WILL YOU HIRE A
MANAGERS(RWe 57.E
~No
QYes
15. TYPE OF FOOD
XQDinnerHouseSeafood
~1Vo
13. WILL YOU HAVE A
FOOD LESSEE?(Rule 57.7}
QYes
~No
16. HOUR3 OF FpOD 9EF{VICE
..BREAKFAST HOURS
~XAmericanGreek
~lydianFrench From.
:
.To:.......................
LUfJCH WOURS
Fast Food/DeliOther:ChineseKorean
~ttalian
❑Thai
From:
To:
DINNER HOURS
~Pizza/PastaJapaneseOther:
From:
To:
77. OPERATING HOURS
Sunday
Monday
Tuesday .
Wednesday
Thursday
Friday
Saturday
Opening Time
7:30 AM
7:30AM
7:30 AM
7:30 AM
7:30 AM
7:30 AM
7:30 AM
Closing Time
2:00 AM
2:00 AM
2:00 AM
2:00 AM
2:00 AM
2:00 AM
2:00 AM
18. EM'ERTAINMENT(One or more may apply. Please describe any entertainment with an asteAck (")below)
None
❑*Amplified MusicPatron DancingCard Room
~Recorcfed Music
❑'Live En#ertainment
~Bikini/TopfesslExotic
Movies
Juke Box
❑*Fioor/Stage Shows
~PoolBitliard Tables
"Hot Spot"/Lottery
"`Other
~Karaoke
~"`AmateuNPro Sports Events
Video/Coin-Operated Games
*Description:
19. PAEMI3ES IS LOCATED ON
20. TYPE OF STRUCTURE
Major Thoroughfare
❑Secondary StreetSingle Story
Other
~Multi-Story -'Number of stories:
2i. PA3S-THROUGH WiND01N9
Yes
❑Two-story
23. WHAT PERCBJTAGE OF YOUR TdTAL SALES WILL~
ALCOHOLIC BEVEFIAGES9
22 FlXED 8AR39
~C No
Yes -how many:
24. INFORMATION GIVEN (R-27, R-107, 3eG. 26812.6, Sec. 23780.6, e1C.)
;
~No
FOR ABC USE ONLY
pqo
25. DATE ENTERED INTO CABIN
State of California
Department of Alcoholic Beverage Control
Edmund G. Brown Jr., Governor
ZONING AFFIDAVIT
Instructions to the Applicant: Complete Items 1-14. Sign and date theform and submit it to ABC.
t. APPLICANTS) NAME (Last, lrsl, middle)
Coogies, Inc.
3. PARCEL NUMBER OF PROPERTY (Obtain from
County Assessor's O(hee)
2. PREMISES ADDRESS (Street number and name, criy, zip mda)
23755 Malibu Colony Road, Suite 100, Malibu, CA 90265
4458-018-002
4. NPE OF INCENSE APPLIED FOR
6. CURRENT LICENSE TYPE AT THIS LOCATION,IF ANY
5. UPGRADE OF LICENSED PRIVILEGES
47
QYes
~rvo
7. TYPE OF BUSINESS p.e., restaurant, mini-mart, gas station, ate.)
41
8. ARE THE PREMISES INSIDE THE CITY LIMRS9
Restaurant
~r,o
Yes
or answers to uestions - 4, contact your oca city _ county p anning apartment i insi e t e city
limits, contact ci planning; ifoutside, contact coup planning.
9. HOW ARE APPLICANT PREMISES ZONE07 STATE TYPE (i.e.,"C"comme(cial,'R"rasldenUal, ate.)
Commercial
10. DOES ZONING PERMR INTENDED USE7
~~Yes
11. IS A CONDITIONAL USE PERMIT (C.U.P.) NEEDE07
Qf yes, please atlaeh cropy W receipt or C.U.P.)
~No
Yes
12. IF YES,DATE YOU FILED APPLICATION FOR C.U.P.
~No
13. NAME OF PLANNER CONTACTED A7 PLANNING DEPARTMENT
74. PLANNER'S PHONE NUMBER
Amanda afond
(310)456-2489 x 301
Under
15. APPLI
nal
f
'ury,I declare the information in this affidavit is true to the best of my knowledge.
T' SIGNATII E(O a signature will
Ifice) -
16. DATE SIGNED.
G
~ C~
FOR DEPARTMENT USE ONLY
IF APPROVED,EFFECTIVE DP,TE
FILE NUMBER
C.U.P. Approve
DATE DENIED
C.U.P. Denied
GENERAL INFORMATION
•Section 23790 ofthe Business and Professions Code says
that ABCOmay not issue a retail license contrary to a valid
zoning ordinance. This form will help us determine whether
your proposed business is properly zoned for alcoholic
beverage sales.
•A conditional use permit(CUP)(Item 11)is a special
zoning permit granted after an individual review of proposed
land-use has been made. CUP's are used in situarions where
the proposed use may create hazdships or hazards to
neighbors and other community members who are likely to
be affected by the proposed use. The ABC district office will
not make a final recommendation on your license application
until after the local CUP review process has been completed.
Ifthe local government denies the CUP,ABC must deny
your license application.
23790.Zoning ordinances. No retail license shall be issued
for any premises which are located in any territory where the
exercise ofthe rights and privileges conferred by the license
is contrary to a valid zoning ordinance ofany county or city.
ABC-255 (rev. 01-11)
Premises which had been used in the exercise ofthose rights
and privileges at a rime prior to the effective date ofthe
zoning ordinance may continue operarion under the
following conditions:
(a)The premises retain the same type of retail liquor license
within a license classification.
(b)The licensed premises are operated conrinuously without
substanrial change in mode or character of operation.
For purposes ofthis subdivision, a break in continuous
operation does not include:
(1)A closure for not more than 30 days for purposes of
repair, if that repair does not change the nature ofthe
licensed premises and does not increase the square footage
ofthe business used.for the sale of alcoholic beverages.
(2) The closure for restoration of premises rendered totally
or partially inaccessible by an act of God or a toxic
accident, if the restoration does not increase the square
footage ofthe business used for the sale of alcoholic
beverages.
f~
Ci o 1~7alibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4861
(310)456-2489 FAX(310)317-1950
ENVIRONMENTAL HEALTH REVIEW
REFERRAL SHEET
TO:
City of Malibu Environmental Health Administrator DATE:
4/7/2014
FROM: City of Malibu Planning Department
PROJECTNUMBER:
CUP 14-004
JOB ADDRESS:
23841 MALIBU RD
APPLICANT /CONTACT:
Gigi Goyette, Aloha Expediting
:' ' -APPLICANT ADDRESS:
APPLICANT PHONE #:
33169 Decker School Road
Malibu, CA 90265
(310)980-7290
APPLICANT FAX #:
APPLICANT EMAIL:
[email protected]
PROJECT DESCRIPTION: CUP for Coogies -Hours
Mali
TO:
FROM:
Planning .Department and/or Applicant
drew Sheldon,City Environmental Health Administrator
An Onsite Wastewater Treatment System (OWTS)Plot Plan approval IS NOT
REQUIRED for the project.
An OWTS.Plot Plan approval IS REQUIRED for the project. DO NOT grant your
approval until an approved Plot Plan is received.
SIGNATURE
DATE
The applicant must submit to the City of Malibu Environmental Health Specialist to determine whether
or not a Private Sewage Disposal System Plot Plan approval is required.
Andrew Sheldon, EnvironmentaC Health Administrator may be contacted Tuesday and Thursday from
8:00 am to 1.1:00 am, or by calling (310)456-2489, extension 364.
Rev 121009
Attachment 5
NOTICE OF PUBLIC HEARING
CITY OF MALIBU
PLANNING COMMISSION
The Malibu Planning Commission will hold a public hearing on Monday, July 7, 2014,
at 6:30 p.m. in the Council Chambers, Malibu City Hall, 23825 Stuart Ranch Road,
Malibu, CA,for the project identified below.
CONDITIONAL USE PERMIT AMENDMENT NO. 14-004 — An .application to amend
Conditional Use Permit No. 97-005 for an existing restaurant (Coogie's) to extend the
hours of operation to 11:00 p.m. on Monday, Tuesday and Wednesday, and 1:00 a.m.
on Thursday, Friday and Saturday, to continue the existing sale of beer. and wine, and
allow an upgrade to the existing beer and wine license to include-the sale of spirits
Application Filing Date:
Tenant:
Applicant:
Owner:
Location:
APN:
Zoning:
City Planner:
April 7, 2014
Coogie's
Gigi Goyette
Kroeneke Group
23841 Malibu Road, Unit 14
4458-019-010
Community Commercial(CC)
Stephanie Havener, Associate Planner
(310)456-2489, extension 276
[email protected]
six
.a
Pursuant to the authority and criteria. contained in the California Environmental Quality
Act (CEQA), the Planning Director has analyzed the proposed project. The Planning
Director has found that this project is listed among the classes of projects that have
been determined not to have a significant adverse effect on the environment and
therefore, is exempt from the provisions of CEQA. Accordingly, CATEGORICAL
EXEMPTION will be prepared pursuant to CEQA Guidelines Section 15301 —Existing
exceptions
Facilities. The Planning Director has further determined that none of the
Section
Guidelines
apply
this
project
(CEQA
to
to the use of a categorical exemption
15300.2).
will
be available at or before the hearing. Following an oral staff
A written staff report
beginning
report at the
of the hearing, the applicant may be given up to 15 minutes to
make a presentation. Any amount of that time may. be saved for rebuttal. All other
persons wishing to address the Commission will be provided up to three minutes to
address the Commission. These time limits may be changed at the discretion of the
Commission.. At the conclusion of the'testimony, the Commission will deliberate and its
decision will be memorialized in a written resolution.
Copies of all related documents are available for review at City Hall during regular
business hours. Written comments may be presented to the Planning Commission at
anytime prior to the close of the public hearing.
LOCAL APPEAL - A decision of the Planning Commission may be appealed to the City
Council by an aggrieved person by written statement setting forth the grounds for appeal
An appeal shall be filed with the City Clerk within ten days following the date of action for
which the appeal is made and shall be accompanied by an appeal form and filing fee, as
specified by the City Council. Appeal forms may be found online at www.malibucity.orq ..:_ .,,.Attachment 6
or in person at City Hall, or by calling (310)456-2489, extension 245.
IF YOU CHALLENGE THE CITY'S ACTION IN COURT, YOU MAY BE LIMITED TO
RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC
HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE
DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.
If there are any questions regarding this notice, please contact Stephanie Havener,
Associate Planner, at(310)456-2489, extension 276.
JOYCE PARKER-BOZYLINSKI, AI
Planning Director
Publish Date: June 12, 2014
By: Joyce Parker-Bozylinski, AICP, Planning Director
Date: June 12,2014
If you have questions regarding this notice, please contact
Stephanie Havener, Associate Planner, at (310) 456-2489,
extension 276.
IF YOU CHALLENGE THE CITY'S ACTION IN COURT,YOU
MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU
OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING
DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO
THE PUBLIC HEARING.
LOCAL APPEAL - A decision of the Planning Commission
may be appealed to the City Council by an aggrieved •person
by written statement setting forth the grounds for appeal. An
appeal shall be filed with the City Clerk within ten days following the date of action for which the appeal is made and shall
be accompanied by an appeal form and filing fee, as specified
by the City Council. Appeal forms may be found online at
vuvuw.malibucity.org or in person at City Hall, or by calling
(310)456-2489, extension 245.
Copies of all related documents are available for review at
City Hall during regular business hours. Written comments
may be presented to the Planning Commission at any time
prior to the close of the public hearing.
Notice Continued...
~~
O
O
~~~
~~
City of Malibu
April 7, 2014
Coogie's
Gigi Goyette
Kroeneke Group
23841 Malibu Road, Unit 14
4458-019-010
Community Commercial(CC)
Stephanie Havener
Associate Planner
(310)456-2489, ext. 276
[email protected]
A written staff report will be available at or before the hearing.
Following an oral staff report at the beginning of the hearing, the
applicant may be given up to 15 minutes to make a
presentation. Any amount of that time may be saved for rebuttal.
All other persons wishing to address the Commission will be
provided up to three minutes to address the Commission.
These time limits may be changed at the discretion of the
Commission. At the conclusion of the testimony, the
Commission will deliberate and its decision will be memorialized
in a written resolution.
Pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA), the Planning Director has
analyzed the proposed project. The Planning Director has found
that this project is listed among the classes of projects that have
been determined not to have a significant adverse effect on the
environment and therefore, is exempt from the provisions of
CEQA. Accordingly, a CATEGORICAL EXEMPTION will be
prepared pursuant to CEQA Guidelines Section 15301 —
Existing Facilities. The Planning Director has further determined
that none of the six exceptions to the use of a categorical
exemption apply to this project (CEQA Guidelines Section
15300.2).
APPLICATION FILING DATE:
TENANT:
APPLICANT:
OWNER:
LOCATION:
APN:
ZONING:
PLANNER:
CONDITIONAL USE PERMIT AMENDMENT NO. 14-004 — An
application to amend Conditional Use Permit No. 97-005 for an
existing restaurant (Coogie's)to extend the hours of operation to
11:00 p.m. on Monday, Tuesday and Wednesday, and 1:00 a.m.
on Thursday, Friday and Saturday, to continue the existing sale
of beer and wine, and allow an upgrade to the existing beer and
wine license to include the sale of spirits
The Malibu Planning Commission will hold a public hearing on
Monday, July 7, 2014, at 6:30 p.m. in the Council Chambers,
Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA,for the
project identified below.
NOTICE OF
PUBLIC HEARING
23825 Stuart Ranch Road
Malibu, CA 90265
(310)456-2489 Fax (310)456-7650
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